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  1. #1
    Join Date
    Sep 2009

    Default Right of Way vs. Shared Driveway

    I have a neighbor who's quitclaim deed grants them a 'right of way to and from said [street]' via our driveway, which is not his property. The problem is that he uses my land as a turnaround, allows guests to park in my driveway next to his property, parks cars on the driveway past his property boundary (squeezing our access past and at times blocking it) and insists that we have a shared driveway. Recently I was almost in a collision with a guest of his who raced straight up and onto my land while I was trying to drive out. It has since turned quite toxic between us but he's keeping to the boundary for now. His history is to slowly creep across until I'm forced to say something and then he's okay for a few weeks or months and then it starts all over again.
    I was advised to put up "Private Driveway - No Parking, No Turnaround - Do Not Block Driveway" signs on my property but, apart from them being ugly, he's really aggressive and I frankly don't want to set him off, but I know (based on his past behavior) he's going to begin the taking of liberties again.
    I am not looking to do anything but keep him off of my property and keep him from blocking the driveway and allowing his guests to park on my property.
    We are in Massachusetts.
    Best advice?

  2. #2
    Join Date
    Dec 2008

    Default Re: Right of Way vs. Shared Driveway

    The problem with most ROW issues is that they are considered a civil manner, so the police/town/county normally won't assist you with this problem.

    I had a problem with the owner of property that i have to cross to get to mine parking in the ROW. This wouldnt' be a problem except in the winter after I clear a path out to the road then they move their vehicles out of their uncleared yard and out into they driveway where I just cleared. So either I have to clear a wider path or drive around their vehicles into the unplowed snow to get around them.
    I was finally able to get some assistance from the town building inspector because when they are parked in the driveway there is not room for emergency vehicles to get through. He told them if they keep parking in the driveway he would give them a firecode violation. Since then things have been pretty good, we'll see what this winter brings. To add insult to injury they would drive past their house and use my cleared parking area to turn around before driveing back to their property to park in the driveway. When they are parked in the driveway can emergency vehicles get past them?
    If not you might get some relief through the town building inspector. Beyond that normally it's gonna cost you money to hire a lawyer and pursue it through the courts.

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